Military sex assault bill stalled by Syria

There’s little doubt Gillibrand’s amendment will get a vote, but no one is sure when. | AP Photo

McCaskill has also been working the phones with colleagues over the recess, knowing the vote “is bound to be close,” said spokesman John LaBombard. But he added that the recess has given McCaskill time away from the Senate to “make the case for our historic reforms, dispel some misconceptions and illustrate the real risks to victims if commanders are completely stripped of their responsibilities.”

Gillibrand in the meantime has been without the easy access that the Senate floor affords for approaching her colleagues. But she’s had the New York media market behind her, plus a friendly interview on “The Daily Show,” where temporary host John Oliver cited his own wife, an Iraq War veteran, to note his disgust with the military’s continued problems.

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Late last month, she joined one of her co-sponsors, Sen. Mark Begich (D-Alaska), in Anchorage, Alaska, in a meeting with workers at a rape crisis center — part of her congressional delegation’s overnight stop en route to China, Japan and South Korea.

Aides say she also spoke by phone over the break with one undecided Democrat and one undecided Republican — and left messages with a third member, though they’re not naming the senators.

But Gillibrand’s plan during the Syria debate is to stay away from lobbying senators on sexual assault.

“The full focus of Congress in terms of our military [this] week will be on whether to authorize military action in Syria, as it should be,” Gillibrand spokesman Glen Caplin said. “Sen. Gillibrand will continue to work on earning the support of her colleagues for reforming the military justice system at the appropriate time after Congress has voted.”

Sen. Richard Blumenthal (D-Conn.), a Gillibrand co-sponsor, said there’s good reason now to not approach the nearly two dozen senators who have stayed away from stating public positions. “I think folks will be preoccupied with the Syrian issue,” he said.

Still, Blumenthal said any lengthy delay won’t undercut the momentum for 51 votes, or 60 if someone opts to mount a filibuster.

“This issue becomes more powerful with every day and every incident,” he said. “It has a real force and life of its own because it’s rooted in reality.”

Senate Majority Whip Dick Durbin (D-Ill.), who is still publicly uncommitted on the Gillibrand amendment, said Syria and the sexual assault debate have no relationship to each other, even if he conceded the vote timing was more uncertain because of the military force floor debate and ongoing budget battles.

The Illinois Democrat noted that the defense policy legislation, whenever it hits the floor, will have a raft of controversial amendments, including sexual assault and the future of the Guantánamo military prison. “This authorization bill has a number of major issues, and I don’t think Syria affects any of it,” he said.

Several of Gillibrand’s opponents also say they’re not counting her out. “I think once the bill comes up on the floor that she will pursue her effort with her accustomed vigor,” said Sen. John McCain (R-Ariz.).